Murshid Ali @ Mursid Mandal v. State Of West Bengal

C.R.M. (A) 597 of 2024 08.03.2024 DL-31 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No.592 of 2023 dated 23.13.2023 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act. (NDPS Case No.3 of 2024). And In the matter of: Murshid Ali @ Mursid Mandal ....petitioner.

Mr. Kaushik Choudhury Ms. Busra Khatun ...for the petitioner.

Mr. Suman De ... for the State.

Report as called for by the order dated February 23, 2024 filed in Court be taken on record.

Report does not demonstrate any nexus between the petitioner and the person arrested with the commercial quantity of narcotics and/or seized commercial quantity of narcotics save and except on the statement of the co-accused made while in custody. However, there is another criminal antecedent. We find that, so far as the other criminal case is concerned, we granted the petitioner before us anticipatory bail on March 6, 2024 passed in CRM (A) 593 of 2024.

In such circumstances, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

Consequently, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a week till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 597 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)